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Daniel L. Carrillo v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 12, 2011

DANIEL L. CARRILLO, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, who is proceeding with retained counsel, brings this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). Pursuant to the written consent of all parties, this case is before the undersigned as the presiding judge for all purposes, including entry of final judgment. See 28 U.S.C. § 636(c). Pending before the court is defendant's unopposed motion to remand (Doc. 13). Defendant states that a remand is necessary because "significant portions of the audio tape of Plaintiff's hearings before the Administrative Law Judge (ALJ) are inaudible." Good cause appearing therefor, the motion is granted. On remand, the ALJ will offer plaintiff a new hearing and issue a new decision.

Accordingly, IT IS HEREBY ORDERED that:

1. Defendant's unopposed motion to remand (Doc. 13) is granted;

2. This action is remanded to the agency for further proceedings consistent with this order; and

3. The Clerk of the Court is directed to enter judgment and close this file.

20110912

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